O analiză comparativă a eticii kantiene și spinoziene. Reflecții asupra proprietății intelectuale
A comparative analysis of Kantian and Spinozian ethics. Reflections on intellectual property

Summary/Abstract: This paper undertakes a comparative analysis of Kantian and Spinozist ethics to explore the ethical foundations of intellectual property law. The issue addressed is the need for a robust theoretical basis for intellectual property, which, unlike other legal branches, has a profound interaction with the idea itself, transforming concepts into protected works. The research interest lies in examining how these philosophical systems inform the ethical dimensions of intellectual property and how to reconcile individual creator rights with the societal imperative for access to knowledge. The study highlights the novelty of its analytical and theoretical perspective, bridging the disciplines of law and philosophy. The Kantian perspective, rooted in the Categorical Imperative, autonomy, and the „Kingdom of Ends”, proposes a deontological approach to intellectual property. This framework advocates for universalizable maxims that balance creators’ rights with the collective good. This supports both the recognition of the creator and the public’s right to access knowledge, leading to the adoption of limitations like fair use and a robust public domain. Kant’s essay „On the Injustice of Counterfeiting Books” further solidifies this view, emphasizing the author’s moral right to control publication while implicitly suggesting limitations for knowledge dissemination. Conversely, the Spinozist perspective, centered on conatus and a monistic understanding of ideas, fundamentally challenges absolute exclusive rights in intellectual property. This approach advocates for a paradigm shift from absolute ownership to a system prioritizing broad knowledge dissemination to enhance individual and collective conatus. This involves emphasizing attribution, recognition, and the facilitation of derivative works, acknowledging the contextual and prior nature of originality in creation. While Kant provides a moral compass for structuring intellectual property rights, Spinoza prompts a deeper reflection on the interdependent nature of knowledge and the imperative of free access, contributing to the continuous improvement of the intellectual property system towards an ideal form that reflects amor Dei intellectualis.

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